THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY READSHAW, GEIST, CALTAGIRONE, DALEY, KORTZ, KULA AND K. SMITH, MARCH 4, 2011

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 4, 2011  

AN ACT

Amending the act of February 1, 1966 (1965 P.L.1656, No.581),

entitled "An act concerning boroughs, and revising, amending

and consolidating the law relating to boroughs," further

providing for salaried mayor not to receive fees and for

duties of solicitor and outside counsel.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1026 of the act of February 1, 1966 (1965

P.L.1656, No.581), known as The Borough Code, is amended to

read:

Section 1026.  Salaried Mayor Not to Receive Certain Fees.--

[Any] (a)  Except as provided in subsection (b), any salary paid

pursuant to an ordinance shall be in lieu of all costs and fees

allowed a mayor. Costs and fees shall be taxed and collected by

the mayor and turned into the borough treasury. Any mayor, upon

assuming office for any elective or appointive term and at any

time no sooner than two years thereafter, shall be authorized to

elect to be paid by the fees and costs pertaining to his office

or by the salary fixed by ordinance for his office, and such

mayor shall thereupon receive as his compensation either the

fees and costs, or the fixed salary, as elected by him.

(b)  Nothing in this act shall be construed to prevent a

mayor from receiving a monetary fee for the performance of a

marriage ceremony in this Commonwealth provided the fee does not

exceed one hundred fifty dollars ($150) for each ceremony

performed. Prior to performing these ceremonies, the mayor shall

notify council in writing of the mayor's intention to perform

marriage ceremonies. The notification shall remain in effect for

the term of the mayor or until such time as the notification is

rescinded by the mayor. The mayor shall keep accurate accounts

of the fees received relating to the performance of marriage

ceremonies and provide council each quarter with a report of

moneys received for that period. The quarterly report shall

include the amount of money received, the names of persons from

whom money was received along with the date and the location of

the performed ceremony and shall be considered a public record.

The receipt of a fee under this subsection shall not be

considered a violation of 65 Pa.C.S. Ch. 11 (relating to ethics

standards and financial disclosure) and shall not be considered

compensation under this act.

Section 2.  Section 1117 of the act, amended July 1, 1992

(P.L.344, No.71), is amended to read:

Section 1117.  Duties of Solicitor; Outside Counsel.--(a) The

borough solicitor, when directed or requested so to do by

council or the mayor, shall prepare or approve such bonds,

obligations, contracts, leases, conveyances, ordinances and

assurances to which the borough or any department thereof may be

a party; he shall commence and prosecute all actions brought by

the borough for or on account of any of the estates, rights,

trusts, privileges, claims, or demands, as well as defend all

actions or suits against the borough, or any officer thereof,

wherein or whereby any of the estates, rights, privileges,

trusts, ordinances, or accounts, of the borough, or any

department thereof, may be brought in question before any court

in the Commonwealth; and shall do every professional act

incident to the office which he may be authorized or required to

do by the council or the mayor. He shall, whenever required,

furnish the council, or committees thereof, the mayor, or the

head of department, with his opinion in writing upon any

question of law which may be submitted by any of them in their

official capacities.

(b)  In the case of a legal dispute between the mayor and

council, or in any other case where representation of the mayor

and council by the borough solicitor would create a conflict of

interest for the borough solicitor, the mayor is authorized to

employ outside counsel at borough expense, not to exceed [two

thousand five hundred dollars ($2,500)] four thousand dollars

($4,000) in any twelve-month period, to perform necessary legal

services.

Section 3.  This act shall take effect in 60 days.